SHANAWAZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.03.2015 and 31.03.2015 passed by the learned Additional District & Sessions Judge, Fast Track, 2nd Court, Alipore, South 24 Parganas, in connection with Sessions Trial No. 1(04)08 corresponding to Sessions Case No. 82(01)08 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months and also convicting for committing offence under Sections 363/377/201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and also pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for two months more. All the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that on 12.11.2007 the victim, a minor boy aged about seven years had gone out with the appellant and thereafter had returned home at 11.20 a.m. Thereafter, around 11.30 a.m., the child again went out but did not return. Around 1.00 p.m. his mother tried to telephone the appellant from her mobile phone. When she finally contacted the appellant, the latter told her that he had returned the child sometimes earlier. Over this issue, a general diary was lodged at Tiljala Police Station on 12.11.07. Finally on 15.11.2007 at 8.00 a.m. parents received information that dead body of a child was recovered in a bag from the back side of Landmark hotel on E. M. bypass. P.W.1, father of the child and others went and identified the body as that of his son. A written complaint was lodged at Tiljala Police Station resulting in registration of Tiljala Police Station Case No. 356 of 2007 dated 15.11.2007 under Sections 302/201 of the Indian Penal Code for investigation against unknown miscreants. In the course of investigation appellant was arrested and his handwriting was compared with the writings on the visiting cards and a slip of paper which were recovered from the bag containing the body of the victim. Post mortem was conducted over the body of the victim which disclosed penile penetration of his anus.

(3.) In conclusion of investigation, charge-sheet was filed under Sections 363/302/377/201 of the Indian Penal Code against the appellant and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional District & Sessions Judge, Fast Track, 2nd Court, Alipore, South 24 Parganas for trial and disposal. Charges under the aforesaid provisions of law were framed and in the course of trial prosecution examined 18 witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order convicted and sentenced the appellant, as aforesaid. Hence, the present appeal.